Mansfield J
In this matter, the second respondent, Robert Miller, applied to postpone the hearing date of an interlocutory application he had previously made alleging problems in the authorisation of the combined Far West Coast native title claim. Mr Miller is a member of the Far West Coast claim group.
The respondents are the State of South Australia, Commonwealth of Australia and Robert Miller.
Background
In late 2011, Mr Miller applied to the Court to:
have the Mirning native title claim separately reinstated and/or no longer combined with the Far West Coast native title claim.
be joined as a respondent party to the Far West Coast native title claim, and for orders under s 84D of the Native Title Act 1993 (Cth).
On 10 July 2012, the Court dealt with the application by refusing to deconsolidate the claim group and have the Mirning claim reinstated. The remaining issues were listed for hearing on 17 and 8 December 2012 (see Far West Coast Native Title Claim Group v State of South Australia (No 4) [2012] FCA 1468) . Following that decision a series of directions were given. In compliance with the directions, Mr Miller filed material in support of the orders he sought, including an affidavit.
On 7 December 2012, Mr Miller applied for the hearing to be vacated.
Consideration
The Court refused the application for an adjournment on three grounds:
Mr Miller has indicated that he is presenting his affidavits in support of the orders and there was no sound basis to speculate the material filed by Mr Miller is incomplete;
Any proposed further evidence is only generally referred to;
it was not clear how any further proposed further anthropological evidence would assist; and
there is clear potential detriment to the applicants, the State and other respondents if the matter is not resolved reasonably promptly; and
Mr Miller’s acknowledged status as a member of the claim group.
Orders
The application for vacation of the hearing date of the interlocutory application of Robert Victor Miller (listed for hearing on 17 and 18 December 2012) is refused.